Additional Clauses IT ver 2.docx

Additional Clauses

1. AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that -

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2. AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA, may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

3. FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

4. COMPLIANCE WITH INTERNET PROTOCOL V6.0 (IPV6)

Any system, hardware, software, firmware or networked component (voice, video or data) developed, procured or acquired in support or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products:

Specifically, any new IP product or system developed, acquired, or produced must:

· Interoperate with both IPv6 and IPv4 systems and products, and

· Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

· As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.

· The Contractor shall provide technical support for both IPv4 and IPv6.

· Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

· Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

5. Section 508 – Accessibility of Information and Communications Technology

(a) This order is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Information and Communications Technology (ICT)[footnoteRef:1], the ICT must allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities. [1: Please note that the term Information and Communications Technology (ICT) is synonymous with Electronic and Information Technology (EIT), the previously used term. The term ICT will be used to meet international standards after the release of the Section 508 Refresh. ]

(b) The ICT accessibility standards as 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (also known as the Access Board) and apply to contracts, task orders, and indefinite quantity contracts on or after June 25, 2001.

(c) Each Information and Communications Technology (ICT) product or service furnished under this contract shall comply with the Information and Communications Technology Accessibility Standards (36 CFR 1194), as specified in the contract, at a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within a period of time specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1) Cancellation of the contract, delivery, or task order, purchase or line item without termination liabilities; or

2) In the case of custom Information and Communications Technology (ICT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the non-compliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all ICT products and services that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every ICT product or service accepted under this contract by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date, whichever shall occur first.

Section 508 Compliance The contractor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this TO, the TO shall take precedence.

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

3) http://www.access-board.gov/sec508/508standards.htm (Section 508 standards)

4) FAR 39.2 (Section 508)

5) http://www.ocio.usda.gov/document/departmental-regulation-4030-001 (USDA standards, policies, and procedures for Section 508) In addition, all contract deliverables are subject to these standards.

All web content or communications materials produced, regardless of format (text, audio, video, etc.), must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities. All contractors (including sub-contractors) and consultants responsible for preparing or posting content must comply with the applicable Section 508 accessibility standards and, where applicable, those set forth in the referenced policy or standards document above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the TO shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the products and/or services identified in this TO:

· 36 CFR Part 1194.21 provisions a-l

· 36 CFR Part 1194.22 provisions a-p

· 36 CFR Part 1194.23 provisions a-k[4]

· 36 CFR Part 1194.24 provisions a-e

· 36 CFR Part 1194.25 provisions a-j[4]

· 36 CFR Part 1194.26 provisions a-d

· 36 CFR Part 1194.31 provisions a-f

· 36 CFR Part 1194.41 provisions a-c The following Section 508 provisions apply for software development material identified in this TO:

For software development, software applications, and operating systems the contractor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c For web-based applications (intranet, internet information and applications, 16 rules), the contractor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.22 provisions a-p

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c For telecommunication products and services the contractor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.23 provisions a-k

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c For video and multimedia applications (including training materials), the contractor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.24 provisions a-e

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c For self-contained and closed products, the contractor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.25 provisions a-j

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c For desktop and portable computers, the contractor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.26 provisions a-d

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c For help desk and other support services, the contractor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.31 provisions a-f

b. 36 CFR Part 1194.41 provisions a-c If the help desk or other support services include training, contractor must also comply with the following standards, policies, and procedures in addition to 36 CFR Part 1194.31 provisions a-f and 36 CFR Part 1194.41 provisions a-c:

a. 36 CFR Part 1194.21 provisions a-l (installable and web-based training)

b. 36 CFR Part 1194.22 provisions a-p (web-based software)

All Information and Communications Technology (ICT) subject to the 36 CFR 1194 standards will have a Section 508 usability and acceptance test where Section 508 compliance will be validated. This test must be administered by a Federal Section 508 Testing Center.

All maintenance for Information and Communications Technology that requires upgrades, modifications, installations, and purchases will adhere to the Section 508 standards and 36 CFR 1194.

WCAG 2.0 Compliance The contractor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this TO, the TO shall take precedence.

Custom ICT Development Services

When contractor provides custom ICT development services pursuant to this contract, contractor shall ensure the ICT fully conforms to the applicable Revised 508 Standards prior to delivery and before final acceptance.

Installation, Configuration, and Integration Services

When contractor provides installation, configuration, or integration services for equipment and software pursuant to this contract, the offeror shall not install, configure, or integrate the equipment and software in a way that reduces the level of conformance with the applicable Revised 508 standards.

Maintenance, Upgrades, and Replacements

Contractor shall ensure maintenance upgrades, substitutions, and replacements to equipment and software pursuant to this contract do not reduce the original level of conformance with the applicable Revised 508 standards at the time of the contract award.

Service Personnel

Contractor shall ensure the personnel providing the labor hours possess the knowledge, skills, and ability necessary to address the applicable Revised 508 standards defined in this contract, and shall provide supporting documentation upon request.

Hosting Services

When providing hosting services for electronic content provided by the agency, contractor shall not implement the hosting services in a manner that reduces the existing level of conformance of the electronic content with applicable Revised 508 standards. Throughout the life of the contract, the agency reserves the right to perform testing on a vendor or contractor’s hosted solution to verify conformance with this requirement.

Validation for ICT Items

When purchasing ICT where 1) 508 validation is not possible prior to award, 2) when ICT will be changed after the award, or 3) ICT will be hosted in a third-party environment, contractor shall test and validate the ICT solution for conformance to the Revised 508 standards, in accordance with the requirement testing methods, as defined by the agency. Throughout the life of the contract, the agency reserves the right to perform testing to verify conformance with this requirement.

Documentation

Contractor shall maintain and retain full documentation of the measures taken to ensure compliance with the applicable requirements, including records of any testing or demonstrations conducted.

Conformance Reporting

Prior to acceptance, contractor shall provide an Accessibility Conformance Report (ACR) for each ICT item that is developed, updated, configured for the agency, and when product substitutions are offered. The ACR should be based on the latest version of the Voluntary Product Accessibility Template (VPAT) provided by the Information Technology Industry Council (ITI). To be considered for award, an ACR must be submitted for each ICT item, and must be completed according to the instructions provided by ITI.

When the contractor is required to perform testing to validate conformance to the agency’s accessibility requirements, contractor shall provide a Supplemental Accessibility Conformance Report (SAR) that contains the following information:

· Accessibility test results based on the required test methods.

· Documentation of features provided to help achieve accessibility and usability for people with disabilities.

· Documentation of core functions that cannot be accessed by persons with disabilities.

· Documentation on how to configure and install the ICT item to support accessibility.

· When an ICT item is an authoring tool that generates content (including documents, reports, videos, multimedia productions, web content, etc.)., provide information on how the ICT item enables the creation of accessible electronic content that conforms to the Revised 508 Standards, including the range of accessible user interface elements the tool can create.

· Before final acceptance, the contractor shall provide a fully working demonstration of the completed ICT Item to demonstrate conformance to the agency's accessibility requirements. The demonstration shall expose where such conformance is and is not achieved.

Before acceptance, the agency reserves the right to perform independent testing to validate that the ICT solution provided by the contractor conforms to the applicable Revised 508 standards.

Non-Compliance

Before final acceptance of any ICT item, including updates and replacements, if contractor claims its products or services satisfy the applicable Revised 508 standards specified in the contract vehicle, and the contracting officer determines that any furnished ICT item is not in compliance with such requirements, the contracting officer will promptly inform contractor in writing of the non-compliance. Contractor shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.

6. Software License Line Item Data

In accordance with Office of Management and Budget Memorandum M-16-12, Category Management Policy 16-1: Improving the Acquisition and Management of Information Technology: Software Licensing, USDA must maintain an inventory of its software licenses, including pricing data. The contractor shall provide line item pricing data on all software licenses provided to USDA at award and/or during performance of the contract/order. The attachment entitled “Software Template Line Item Pricing” must be completed and provided to the Contracting Officer’s Representative within 10 days of award, or within 10 days of activation for licenses provided after the award date.

Deliverable Schedule:

7. AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)